Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 365, 302, 148, 149 & 201--Post-arrest bail, grant of--Further inquiry--Allegation of abduction--Physical custody of petitioner is no more required--Although he was found present at crime scene when co-accused SHO was allegedly giving severe beating to deceased but he did not cause any injury on his person--Law Officer while going through case Diary No. 24 also verified this aspect of case--When confronted, counsel for complainant has conceded that complainant has not challenged findings of Police qua culpability of petitioner at any higher forum of Police hierarchy--According to prosecution case, injured was taken to Tehsil Headquarters Hospital (T.H.Q), by complainant and PWs but on account of his precarious condition was referred to District Headquarters Hospital (D.H.Q), and succumbed to wounds in way to hospital but perusal of record reveals that no Medico Legal Certificate (MLC) or any other document is available on record in this regard--Case of petitioners calls further inquiry into their guilt--Petition allowed.

                                                                          [Para 4 & 5] A, B & C